XCHRX R. v. NG CHUN HING, GARY

IN THE COURT OF APPEAL

1996, No 696

(Criminal)

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D E C I S I O N

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Bokhary JA:

1. There is little danger - and the prosecution accepts as much - that this man will abscond if given bail pending appeal. True, I am not persuaded that he has strong grounds of appeal. Equally, however, I am not persuaded that his grounds of appeal are palpable nonsense.

2. One ought to concentrate, therefore, on the question of time. And it does seem that if he is not granted bail pending appeal, this applicant would probably have served the whole or most of his sentence by the time his appeal is determined.

3. Therefore I propose, with some hesitation since bail pending appeal is an unusual course, to admit him to bail pending appeal. And that will be done on the following conditions: (1) cash bail of $100,000; (2) surrender to this Court of his passport; (3) his undertaking not to leave Hong Kong while on bail; and (4) reporting by him to the police at Sai Kung Police Station every Tuesday and Friday between 7 pm and 10 pm.

4. In the course of the hearing, I invited the applicant to increase his offer of cash bail; and he increased it from $50,000 to $100,000. That is why I set cash bail at $100,000.

5. I have not been required sureties. It seems to me that he is unlikely to abscond. But if he absconds, the best thing to do is just to estreat the $100,000 without involving any surety or further trouble.

6. I thank both counsel. And I grant bail pending appeal on those conditions.